Business Law and Time Management - Assignment Example

The case that the attorney will file will be a personal injury case. The key element that needs to be proven by the brain surgeon’s attorney are the following: Are the steps where the brain surgeon stepped on that leads to the business establishment is owned by the business establishment. If it is established that the area where the brain surgeon was injured is part of the business establishment’s property then another key element that needs to be established is if there was any neglect on the part of the owners of the business as well as the employee tasked to make the walkway safe for the patrons. Was there any due diligence conducted by the owners of the establishment to ensure that the walkway was safe for its customers?

               In personal injury cases, normally the lawyers get paid from a percentage of the amount won by the lawyer. The type of damages that the business would likely pay are the actual damages which would include the cost of hospitalization, the compensation the brain surgeon would have likely earned from the time he was injured up to the remaining years of his productive life, exemplary damages, and moral damages. However, these types of cases will be paid for by the insurance and whatever money the business has. The liability of its partners would be limited to the investment that they have put in.

               The possible defenses that can be raised are the following: Contributory negligence of the brain surgeon at his age he should not be walking much less traveling during a snow storm. The place where the brain surgeon was injured is not part of the property of the business. The accident was predicated on an act of God which is the snowstorm, without the snowstorm there would not have been an accident. Therefore the accident can be considered as an act of God and therefore cannot be blamed on anybody.

Answer to Question 3

               The alleged crime is punishable by 1 year or more due to the length of time and the amount involved. The crime is considered a felony due to the amount involved. There will be an indictment because embezzlement is considered a public crime. Yes, I would expect the grand jury at the state level to get involved. The grand jury will determine if a crime has been committed that would warrant a trial. After you have informed or complained to the police, the police will look for evidence that would prove the existence of a crime and possible suspects. As soon as a crime has been proven to exist a prosecutor will be assigned to your case. In order for a case to be filed in court, the prosecutor will present the case to the grand jury to get an indictment. The indictment would then be used to acquire a search warrant to search the personal laptop of the accountant. The only protection the accountant has is the presumption of innocence until he has been proven to be guilty. If there is strong evidence that links the accountant to the crime, search warrants can be issued to gain access to the laptop. No, the judge is conferred the sole power and authority to meet the appropriate penalty against the accountant. The jury is empowered to award damages only in libel cases.

        Question 3

               The case would definitely be sexual harassment. Sexual harassment exists when a female employee is subjected to unwanted conduct by her superiors. Sexual harassment is a personal crime and if the victim felt that she is being victimized then she can file a complaint or an administrative case against her superiors for acts that violate her dignity. If the action of her superiors creates a hostile environment that would intimidate or humiliate her and more importantly if her superiors would make unwanted advances which are sexual in character intended to violate her dignity or create a hostile environment that would intimidate or humiliate her a formal complaint is warranted.

Another case that may be filed collectively by the women in the workplace is sexual discrimination. A defense that comes to mind is to immediately fire the erring manager. A case against the manager for his conduct can be filed by the business to make it appear that the business is a victim too in these types of cases.

Bonus Question